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2014 Supreme(Online)(KER) 33385

HIGH COURT OF KERALA
P.BHAVADASAN, J
T K SASIDHARAN – Appellant
Versus
KOCHU THRESSIA – Respondent


J U D G M E N T

Under challenge is Ext.P3 order whereby the court below dismissed the application for execution of decree.

2. Suffice to say that, the petitioner obtained a decree as per Ext.P1, the decretal portion of which reads as follows:

“In the result, the suit is decreed in part. The plaintiff's title over the plaint schedule property as located as item Nos.1 and 2 in Ext.C2(a) plan are hereby declared. The defendants are restrained by permanent prohibitory injunction from trespassing upon plot No.2 in Ext.C2(a) plan and conducting any new work on the western wall of their property. The defendants are directed by a mandatory injunction to remove the eves projecting to the plot No.2 in Ext.C2 (a) plan within one month from today. In the alternative the plaintiff is allowed to approach the court and get the order executed through court and realise the costs from the defendants. The prayer for installing a gate on the south-eastern corner and the O.P.(C) No.3589/2013 2 prayer for constructing a compound wall through A-B line in Ext.C2 (a) plan are disallowed. Ext.C2(a) survey plan will form part of the decree. The parties are directed to bear their respective costs”.

3. It is conte

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